How to effect land excision in Lagos State

A lot of people have issues understanding what excision means. This is why I have decided to help out by writing this article on how to effect land excision in Lagos State.

A portion of land is said to be excised if such has been legally released through a government gazette to the indigenous settlers. The Land use act of 1979 stipulates that every portion of land belongs to the government, little wonder it is mandatory to register land usage with the appropriate level of government.

Hence, excision simply means free from government acquisition, thus a ‘Certificate of Occupancy’ could be easily processed on such property. Simply put, excision is the opposite of Acquisition.

Revised Procedure for Processing Excision Applications

The following shall be the procedure for processing applications for land excision in Lagos state:

STEP 1: APPLICATION FOR EXCISION

The Baale in council/secretary, family head or their duly authorised representatives shall forward excision application to the Lagos state Land Use and Allocation Committee(LUAC) on the letter headed paper of the community concerned.

The application submitted must be on behalf of the entire community and must include:
1. The location and relevant Local Government Authority;
2. The historical background;
3. The population figure;
4. Predominant occupation of community;
5. The perimeter survey of the area claimed;
6. Proposed usage of the area to be excised; and
7. The justification for the excision (i.e. reasons for request).

STEP 2: PROCESSING BY TECHNICAL COMMITTEE

Within 7 days of the receipt of an excision application, the same shall be forwarded to the Technical Committee on Excisions for processing.

STEP 3: CHARTING INFORMATION

The perimeter survey and other relevant information shall forthwith be handed over to the Surveyor-General for charting and status advice. This is to confirm whether or not proposed excision falls within any government acquisition or revocation area, which is the basis for considering the application.

STEP 4: SITE INSPECTION

Within 14 days of receiving the Surveyor-General’s status advice. The technical committee members shall carry out a physical site inspection with a view to ascertain the authenticity of the claims in the application. Where applicable, this should be done in conjunction with representatives of the family, community or village concerned. During such visits, representatives and inhabitants of the community shall be interviewed with a view to obtaining additional information or documents to be considered along with the application.

STEP 5: CONFORMITY TO MASTER PLAN

Before submitting its report, the technical committee shall also ensure that the proposed usage of the area covered by the excision application conforms to the master plan of the locality.

STEP 6: SUBMISSION OF REPORT TO THE LUAC

Upon completion of the site inspection and all other necessary checks, the technical committee shall prepare a report and submit same to the ‘LUAC’ detailing its findings and opinion on the application.

STEP 7: CONSIDERATION BY THE LUAC AND RECOMMENDATION TO THE GOVERNOR

The LUAC shall consider the technical committee report and recommend the excision to the Governor for approval or refusal, stating clearly its reasons. Where excision is recommended, the committee shall state the full particulars of the proposed grantees’ and the size and description of land being recommended for excision.

STEP 8: PREPARATION OF SURVEY DESCRIPTION

Where excision is approved by the Governor, the Office of the Surveyor General shall within 30 days thereof prepare the perimeter survey and a full survey description of the parcel of land to be excised for publication in the Official Gazette and for use in preparing a ‘Certificate of Occupancy’ for the grantees’.

STEP 9: PREPARATION OF LAYOUT PLAN

A layout plan drawn by registered town planners of the families, communities or individuals concerned shall be submitted to the Ministry of Physical Planning and Urban Development for approval. To encourage the production of layout plan for excised areas, the approval fees shall be charged on a concessionary basis of not more than 15% of the going rate.

Before completion of the excision process, the grantees’ shall enter into an agreement to take the excised land in full and final settlement of all claims arising from previous acquisition/revocation of their land title and to indemnify the State Government for any damages caused by members, agents, or assignees’ of their family, community or village due to encroachment or vandalization of land outside the excision area.

STEP 11: PUBLICATION IN LAGOS STATE OFFICIAL GAZETTE

After the preparation of a detailed survey description of the excised area and execution of indemnity agreement by the grantees, the technical committee shall publish the approved excision in the Lagos State Official Gazette.

STEP 12: PUBLICATION IN NEWSPAPERS

To inform the general public about the nature, location and boundaries of the excised land, the technical committee shall also cause the Official Gazette to be published, at the cost of the applicants, in at least one newspaper having a wide circulation in Nigeria.

STEP 13: ISSUANCE OF CERTIFICATE OF OCCUPANCY

The state government shall issue a ‘Certificate of Occupancy’ to all grantees of excised land in the name of their duly authorized representatives within 30 days of the publication in the Gazette.

STEP 14: RECORDS OF EXCISION TO BE FORWARDED TO LANDS BUREAU AND REGISTRY OF EXCISED LANDS

Once completed, all records of each excision application and the relevant policy or administrative files in the custody of the LUAC and the technical committee shall be forwarded to the Land Bureau or the agency for the time being authorised to manage land transactions in Lagos state and all titles, Surveys, maps and gazettes evidencing approved excisions shall be appropriately registered by the Registrar of Lands in the Excised Lands Registry.

This information was divulged by the Land Use Allocation Committee in the Lands Bureau of Lagos State.